China News Service, February 24th, according to the Weibo news of the Supreme People's Procuratorate, the Supreme People's Procuratorate issued a notice on printing and distributing the "Guiding Opinions on the Construction and Management of the People's Procuratorate's Hearing Officer Database".
The specific notice is as follows:
Notice on Printing and Distributing the "
Guiding Opinions on the
Construction and Management of the People's Procuratorate's Hearing Officer Database "
The people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government, the Military Procuratorate of the People's Liberation Army, and the People's Procuratorate of the Xinjiang Production and Construction Corps:
The "Guiding Opinions on the Construction and Management of the People's Procuratorate's Hearing Personnel Bank" has been adopted at the 85th meeting of the 13th Procuratorial Committee of the Supreme People's Procuratorate on January 5, 2022.
It is hereby issued to you, please follow it carefully.
Supreme People's Procuratorate
January 26, 2022
People's Procuratorate
Guiding Opinions on the Construction and Management of the Hearer's Bank
Article 1 In order to promote the comprehensive and in-depth development of the procuratorial hearing work, and to standardize the construction and management of the hearing personnel pool, these Opinions are formulated in accordance with the "People's Procuratorate's Regulations on the Hearing of Cases Reviewed by the People's Procuratorate" and other provisions, and in light of the actual work.
Article 2 The people's procuratorates at or above the city level with districts shall set up a hearing panel according to their needs, as the main source of hearing panelists selected by the procuratorates within their jurisdiction.
Qualified grass-roots procuratorates may also be established.
Article 3 The case management department of the people's procuratorate is responsible for the construction and management of the hearing panel.
Article 4 Personnel entering the treasury shall meet the conditions specified in Article 7 of the "People's Procuratorate's Regulations on the Hearing of Cases Reviewed".
The people's procuratorate can actively invite qualified personnel to enter the warehouse, or can determine the candidates through the following channels, and enter the warehouse after examination and approval:
(1) Recommendations from state organs, mass organizations, enterprises, institutions, social organizations, and other units;
(2) Announcement of the recruitment of members of the hearing panel, and applicants voluntarily sign up.
The people's procuratorate should focus on absorbing grass-roots mass representatives and professionals in law, medicine, economics, science, and engineering with certain social work experience and high morals.
Article 5 The people's procuratorate shall reasonably determine the staff size and professional structure of the hearing panel, and conduct classified management based on the number of cases handled and the type of cases within its jurisdiction over a period of time.
If it is necessary to recruit people who have entered the hearing officer pool of other procuratorates into the hearing officer pool of this court, their consent shall be obtained.
Article 6: If a member of the hearing panel has any of the following circumstances, the people's procuratorate shall cancel its membership in the hearing panel:
(1) subject to criminal punishment;
(2) being dismissed from public office;
(3) Revocation of the lawyer's or notary's practice certificate or removal from the arbitration committee;
(4) cheating in the hearing work;
(5) There are illegal circumstances such as favoritism and fraud;
(6) There are other circumstances that may affect judicial justice.
Disqualified persons shall not be re-selected into the hearing panel.
Article 7: If a member of the hearing panel has any of the following circumstances, the people's procuratorate may decide to leave the panel and notify him/her:
(1) unable to perform the duties of a hearing officer due to personal reasons such as physical health;
(2) I apply in writing to no longer serve as a hearing officer;
(3) Two unexcused absences after accepting the hearing invitation;
(4) There are other circumstances under which it is not appropriate to continue to serve as a hearing officer.
Article 8 The People's Procuratorate implements dynamic management of the members of the hearing panel and discloses it to the public.
For those who cancel the membership of the hearing panel or decide to leave the library, they shall leave the library in a timely manner; if they need to be supplemented, they shall be supplemented in a timely manner according to regulations.
Article 9 When a people's procuratorate organizes a hearing, it shall generally select a hearing person from the hearing person pool.
If a hearing officer needs to be selected from the hearing officer database of the procuratorate in other jurisdictions, it may be consulted with the relevant people's procuratorate and selected according to the voluntary principle of the members in the database.
If it is necessary to invite people from outside the hearing panel to serve as hearing panelists, the chief prosecutor's approval shall be obtained.
Article 10 The people's procuratorate shall randomly select hearing officers from the hearing officer pool.
According to the type of the hearing case and the professional fields involved in the matters to be heard, if it is necessary to arrange a hearing officer with professional knowledge to participate in the hearing, it shall be randomly selected from the corresponding category members of the hearing officer database.
If there are no relevant professional members in the hearing officer pool, professionals other than the hearing officer pool may be invited to serve as hearing officers.
Article 11 The people's procuratorate shall establish work files for storage-in hearing officers, and keep records of performance evaluation.
The hearing officer recommended by the unit shall also give regular feedback on the performance of his duties to the recommending unit.
The main contents of the performance evaluation include:
(1) Compliance with the regulations on hearing work;
(2) Work attitude and diligence;
(3) the performance of duties;
(4) Enforcement of confidentiality provisions, etc.
Article 12 Reasonable expenses such as transportation, accommodation, labor and other expenses for hearing officers to participate in the hearing shall be implemented in accordance with the relevant provisions of the People's Procuratorate's Financial Management Measures.
Article 13 These Opinions shall come into force on the date of promulgation.